We know that the practices of seclusion and the use of restraints, particularly
where they are used for prolonged periods, are inherently harmful. The impacts
on the immediate and ongoing physical and mental health and well-being of
those subjected to such practices are well documented. We also know that
tangata whenua (indigenous people of New Zealand) are disproportionately
subjected to seclusion and restraint, as are tämariki (children) and rangatahi
(young people), wähine (women) and tangata whäi kaha (disabled persons).
This has serious human rights and Te Tiriti implications. However, the remedial
pathway is clear: the use of seclusion and restraint can and should be reduced,
if not eliminated altogether. Proactive, preventive alternatives, based on human
rights and Te Tiriti and focused on de-escalation and trauma-informed practice,
must be at the forefront.
Dr Shalev has identified that meaningful change will require a paradigm shift in
seclusion and restraint practices in places of detention in New Zealand. We urge
the New Zealand Government to prioritise the work required to catalyse this
paradigm shift.
We warmly thank Dr Shalev for the important human rights contribution she has
made through Thinking Outside the Box? and this report. We acknowledge her
efforts in collecting data against the unprecedented backdrop of the COVID-19
pandemic and the restrictions this caused. We appreciate the efforts of the
detaining agencies that co-operated with Dr Shalev, especially in these difficult
and evolving circumstances.
Finally, we take this opportunity to also warmly thank our partner organisations
in New Zealand’s National Preventive Mechanism for their indispensable work
towards ensuring everyone deprived of their liberty is treated with respect.
4
Paul Hunt
Chief Commissioner
Te Amokapua
Paula Tesoriero MNZM
Disability Rights Commissioner
Kaihautü Tika Hauätanga
Saunoamaali’i Karanina Sumeo
Equal Employment Opportunities
Commissioner
Kaihautü Öritenga Mahi
Meng Foon
Race Relations Commissioner
Kaihautü Whakawhanaungatanga-ä-Iwi